1. After your father inherited his father's properties, he became its absolute owner.
2. the said properties are not considered as ancestral properties.
Regarding will
My father was only son for my grandfather,grandfather got his property by dividing with his brothers,all were agriculturist,my grandfather died interstate in 1972,my grandmother in 2004,my father also being agriculturist made some agriculture property,we are 2 brother n sister,sister married in 1992,my father died 2016,he has written will including all property,is it valid?if not all agricultalr person getting property from ancestor always ancestral???as my father is only son all property will b self acquired???
Asked 7 years ago in Property Law
Religion: Hindu
8 Answers
He has written will ,my brother says its not valid,
Asked 7 years ago
1. Whom has he bequeathed his properties to in his said will?
2. The will executed by your father bequeathing his properties is perfectly valid.
Once partition had taken place between grand father and his siblings grand father would be absolute owner of the property
2) on grand father demise your father inherited his property and it would not be ancestral property
3) father can dispose of property by will
1. Since your father got this property from his father on inheritance the same would be considered as his ancestral property.
2. So on death of your father your sisters have got equal shares in the proeprty of their father which is hi ancestral property.
3. However the property which he acquired during his lifetime from his earning the same would be a valid subject matter of Will.
Your father was entitled to include within his will his self acquired property and also the one which he got through succession or inheritance from his father. A property which one receives through succession constitutes his separate property which is at par with self acquired property, which he may sell, gift, mortgage or bequeath at his pleasure.
Will is valid if there is no dispute, otherwise the property which was the self acquired can be divided as per will and ancestral property will be divided as per Hindu Succession Act-1956.
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The property left behind by your father is not ancestral property.
It was the property inherited by your father from his father.
Since the property stood on your father's name he was the absolute owner of the said property hence on the basis of perfect and marketable title he enjoyed, he has full rights to bequeath his property in favor of anyone and on the allotments as per his choice and desire.
The other children who have not been allotted with any benefit cannot claim their share as an entitlement.
The children acquiring this agricultural property can be deemed as agriculturists.
He has written will ,my brother says its not valid,
If your brother is not agreeing for the will then you may seek grant of probate of the will as per law to enforce the bequest as per the recital of will through a court competent.